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In re Appeals11/6/1990
R>
Here, the circumstances strongly suggest that the juvenile had every intention of asserting his right to dismissal under Hinson without advising the court that under the view of the law he planned to assert the time limit for trial was about to expire. Counsel for the juvenile says that the motion to dismiss was filed once it became ripe. I interpret this to mean that he was just waiting for the deadline to pass. Based on the record as it now stands, I conclude that the juvenile waived his motion to dismiss for a failure to comply with Hinson.
I realize that the record with respect to counsel's motive in not advising the court of the impending deadline has not been exhaustively developed. Since the young man who was charged with DUI in this case is no longer a juvenile, I would remand this case to the superior court for further proceedings. Should the state wish to proceed with prosecution, and should counsel for the juvenile wish to present evidence that his motive was not as I have assumed it to have been, or that he only discovered that he had a Hinson argument after the time limit for trial ran, he should move for an evidentiary hearing in the superior court on that issue. If the trial judge, applying the test that I have laid down, were to determine that the motion to dismiss was not waived, the judge should then enter another order of dismissal with prejudice.
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